HomeMy WebLinkAboutPR 12054:HEALTH CLINIC REHABPUBLTC WORKS DEPARTMENT
COUNCTL ACTION MEMO
TO
FROM
SUB3ECT
DATE
Steve Fitzgibbons, City Manager
Leslie E. McMahen, P.E., Director of Public Works
P.R. #12054
.lanuary 17, 2003
RECOMMENDATZON
It is recommended that the City Council approve Proposed Resolution No. 12054,
authorizing the Mayor and City Manager to execute Change Order No. 6 and Final to the
contract dated November 29, 2001 between the City of Port Arthur and SeTEX
Construction Corporation of Beaumont, Texas for the rehabilitation of: the Port Arthur
Health Clinic facility, increasing the contract amount by $7,800 to a new contract total
of $635,980, authorizing the City Manager to execute a Certificate of Acceptance for the
work and authorizing final payment of: $39,259 from FY 2003 Budget Account No. 301-
1601-591.89-00, CIP 170.
BACKGROUND
AdverUsements for Bids were published on October 21, 2001 and October 28, 2001,
with the contract being awarded to SeTEX Construction Corporation of: Beaumont,
Texas on November 29, 2001 in the amount of $590,000 for the Base Bid and Alternate
#1. Change Orders No. 1,2,3,4, and 5 have been previously approved, increasing the
contract amount to $629,180.
A Certificate of Substantial Completion was issued on August 8, 2002 by LaBiche
Architectural Group, Inc.
SeTEX Construction Corporation has submitted Invoice No. 10 and Final in the amount
of $31,459 to cover the contract work. They have also submitted an agreement to an
allowance of $7,800 for delay claims on the project; they had originally requested
$18,200. The delays were related to asbestos abatement, additional electrical work and
HVAC leaks into Coastal Banc. The City staff and LaBiche staff reviewed SeTEX's
submittals and could agree to recommending only $7,800. This additional cost is
covered by Change Order No. 6 and Final.
Total final payment to SeTEX would be $39,259. $11,238.90 will be held pending
SeTEX Construction Corporation settlement of: a claim of similar amount by Sunbelt
Controls, Inc.
BUDGETARY/FZSCAL EFFECT
Funding is available in FY 2003 Account No. 301-1601-591.89-00, CIP 170.
STAFFING/EMPLOYEE EFFECT
None.
P.R. No. 12054
Page #2
SUMMARY
It is recommended that the City Council approve Proposed Resolution No. !2054,
authorizing the Mayor and City Manager to execute Change Order No. 6 and Final to the
contract dated November 29, 200! between the City of Port Arthur and SeTEX
Construction Corporation of Beaumont, Texas for the rehabilitation of the Port Arthur
Health Clinic facility, increasing the contract amount by $7,800 to a new contract total
of $636,980, authorizing the City Manager to execute a Certificate of Acceptance for the
work and authorizing final payment of $39,259 from FY 2003 Budget Account No. 301-
1601-591.89-00, CIP 170.
Leslie E. McMahen, P.E.
Director of Public Works
~e c:\cams\heal~cliniccloseout
P.R. NO, 12054
01108103 v~
RESOLUTION NO.
A RESOLUTION AUTHOR/Z~NG THE MAYOR AND CITY t4ANAGER TO
EXECUTE CHANGE ORDER NO. 6 AND FINAL FOR AN INCREASE OF
$7,800 TO THE CONTRACT DATED NOVEMBER 29~ 2001 WITH sE'rEX
CONSTRUCT/ON CORPORATI~ON OF BEAU~4ONT~ TEXAS FOR THE
REHAB~*LTTAT~ON OF THE PORT ARTHUR HEALTH CI./NIC PAC]rL]~TY~
AUTHOR/ZING THE C?TY I~ANAGER TO EXECUTE A CER'I/I~CATE OF
ACCEPTANCE AND AUTHOR/ZE FINAL PAYMENT ~'N THE AMOUNT OF
$39~259; FUNDTNG BEING AVA/LABLE IN FY 2003 ACCOUNT NO. 301-
1601-591.82-00~ CIP 170.
WHEREAS, LaBiche Architectural Group, Inc. has issued a Certificate of Substantial
Completion stating that the contract for the rehabilitation of the Port Arthur Health Clinic
facility was substantially complete on August 8, 2002, copy attached hereto and made a part
hereof as Exhibit "A", together with the Contractor's Certificate and Release, copy attached
and made a part hereof as Exhibit "B'; and Contractor's Certificate of Guarantee, copy
attached and made a part hereof as Exhibit "C", both having been executed on behalf of
SeTEX Construction Corporation of Beaumont, Texas by .]ames R. Shell, President; and,
WHEREAS~ construction under said Contract is now complete; and,
WHEREAS, SeTEX Construction Corporation has requested an additional $7,800 due
to delays and extra supervision costs on the project, which is recommended by LaBiche and
the City staff; and,
WHEREAS, Change Order No. 6 and Final in the amount of $7,800 is recommended
for approval; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR~
TEXAS:
THAT Change Order No. 6 and Final in the amount of $7,800, attached hereto and
made a part hereof as Exhibit "D'; be and is here approved; and,
P.R. No. 1205~.
Page #2
THAT the City Manager be and he is hereby authorized to execute on behalf of the
City of Port Arthur a Certificate of Acceptance for the rehabilitation of the City of Port Arthur
Health Clinic facility, attached hereto and made a part hereof as Exhibit "E"; and,
THAT the final contract amount for the subject contract, inclusive of Change Order
No. 6 and Final, is $636,980; and,
THAT l~nvoice No. 10 and Final in the amount of $31,459 from the Contractor,
exclusive of Change Order No. 6 and Final, copy attached hereto and made a part hereof as
Exhibit "F" be and is hereby approved; and,
THAT SeTEX Construction Corporation has Indicated that all bills of laborers,
subcontractors and material suppliers have been paid except for the claim of Sunbelt
Controls, Znc. in the amount of $11,238.90, as evidenced on Exhibit "G" attached hereto and
made a part hereof; and,
THAT Final payment in the total amount of $39,259, being $31,459 (5% retainage)
plus $7800 (reimbursement for delay damages~), be made to SeTEX Construction Corporation
of Beaumont, Texas save and except for $11,238.90 which is the amount of retainage being
held as a result of the pendancy of a claim of a subcontractor, Sunbelt Controls, Znc. The
balance of the contract proceeds ($11,238.90) shall be paid according to the contractor's and
the surety's interests as may be established by agreement or by judgment of a court as per
Section 2253.071 Government Code; and,
THAT funding is available in FY2003 Budget Account No. 301-1601~591.89-00, CTP
170; and
P.R. No. 12054
Page #2
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City
Council; and,
READ, ADOPTED AND APPROVED this the
__ Mayor:
day of ., A.D. 2003 at a
meeting of the City of Port Arthur, Texas by the following vote: Ayes:
Councilmembers:,
Noes:
Attest:
Mayor
City Secretary
APPROVED AS TO FORM:
City Attorney
P.R. No. 12054
Page #4
APPROVED FOR ADMINIS-FRATION:
Steve Fitzgibbons
City Manager
Leslie E. McMahen, P.E.
Director of Pubic Works
Rebecca Underhill
Finance Director
file c:\res\healthcliniccloseout
CERTIFICATE OF SUBSTANTIAL COMPLETION Exhibit 'A'
P.R. No. 12054~
PROJECT: City of Port Arthur Health Clinic ARCHITECT: The LaBiche Architectural
TO: City of Port Arthur
P. O. Box 1089
Port Arthur, Texas 77641-1089
DATE OF ISSUANCE: August 8, 2002
Group, Inc.
PROJECT NO: 00069
CONTRACTOR: SeTEX CONSTRUCTION
CORP.
CONTRACT FOR: Renovation
CONTRACT DATE: November 29, 2001
PROJECT OR DESIGNATED PORTION SHALL INCLUDE: ALL WORK
The Work performed under this Contract has been reviewed and found to be substantially complete.
The Date of Substantial Completion of the Project or portion thereof designated above is hereby
established as August 8, 2002 which is also the date of commencement of applicable warranties
required by the Contract documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The date of Substantial Completion of the Work or designated portion thereof is the Date certified by
the Architect when construction is sufficiently complete, in accordance with the Contract Documents, so
the Owner can occupy or utilize the Work or designated portion thereof for the use for which it is
intended, as expressed in the Contract Documents.
A list of items to be completed or corrected, prepared by the Contractor and verified and amended by
the Architect, is attached hereto. The failure to include any items on such list does not alter the
responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The
date of commencement of warranties for itemS on the attached list will be the date of final payment
unless otherwise agreed to in writing. .// /
The LaBiche Architectural Group, Inc. /~/// /.
ARCHITECT s /7 DATE
The Contractor will complete or correct the Work on th~v~st of items attached hereto within fifte,~- (15)
days from the Date of Substantial Completion.
//
SeTEX CONSTRUCTION CORP. ~'//~
CONTRACTOR /BYJ ~ DATE
The Owner accepts the Work or designated portion thereof as substantially complete and will assume
full possession thereof at 8:00 a.m. on August 9, 2002.
City of Port Adhur .
OWNER BY DATE
The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work
and insurance shall be as follows: Owner will assume responsibility for maintenance, security, and damage to the
Work on the Date of Substantial Completion except for damage done by Contractor or Subcontractors during final
completion. Owner assumes responsibility for insurance of the Project on August 9, 2002. The Contractor will
submit to the Owner the executed warranties, maintenance agreements, inspection certificates, record
documentation, maintenance manuals, tools, spare parts, keys and similar operational items by September 9,
2002.
FROM:
CONTRACTOR'S CERTIFICATE AND RELEASE
SeTEX Construction Corporation
(Name of Contractor)
TO: City of Port Arthur, Texas
(Local Public Agent)
REFERENCE CONTRACT NO.
DAY OF November, 2001
JEFFERSON COUNTY, TEXAS AND
OF Beaumont Texas
Exhibit "B"
P.R. No, 12054
(CITY) (STATE)
OF THE Port Arthur Health Clinic
00069
ENTERED INTO THE 27th
, BETWEEN THE CITY OF PORT ARTHUR OF
SeTEX Construction Corporation
FOR THE Renovations
(Name of Operations)
CIP 170.
(Name of Project)
(Project No.)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS.
KNOWALL MEN BY THESE PRESENTS:
1). The undersigned hereby certifies that there is due from and payable by the Local Public
Agency to the Contractor under the contract and duly approved Change Orders and
modifications the balance of Thirty-one Thousand, Four Hundred Fifty-Nine and no/100 Dollars
$ 31,459.00 ).
2. The undersigned further certifies that in addition to the amount set forth in paragraph 1, there
are outstanding and unsettled the following items which he claims are just and due and owing
by the City to the Contractor:
(a)$7,800 for delays/extra supervision on prelect as detailed in SeTEX Construction
Corporation's letters dated September 10, 2002 and October 28, 2002, and siRned
Allowance A,qreement dated January 6, 2003 (copy attached)
(Itemize claims and amounts due) (if none, so state)
3. The undersigned further certifies that all work required under this contract including work
required under change orders numbered 1, 2, 3, 4, 5 and 6/Final have been performed
in accordance with the terms thereof, and that there are no unpaid claims for materials, supplies
or equipment and no claims of laborers or mechanics for unpaid wages arising out of the
performance of this contract, and that the wage rates paid by the Contractor and all
Subcontractors were in conformity with the contract provisions relating to said wage rates.
4. Except for the amounts stated under paragraphs 1 and 2 hereof, the undersigned has
received from the City of Port Arthur all sums of money payable to the undersigned under or
pursuant to the above mentioned contract or any modification or change thereof.
Exhibit 'B'
P.R. No. 12054
That in consideration of the payment of the amount stated in paragraph I hereof the
undersigned does hereby release the City of Port Arthur from any and all claims arising
under or by virtue of this contract, except the amount listed in paragraph 2 hereof; provided,
however, that if for any reason the City of Port Arthur does not pay in full the amount stated
in paragraph 1 hereof, said deduction shall not affect the validity of this release, but the
amount so deducted shall be automatically included under paragraph 2 as an amount which
the Contractor has not released but ill release upon payment thereof. The Contractor further
certifies that upon the payment of the amount listed in paragraph 2 hereof, and of any
amount which may be deducted from paragraph 1 hereof, he will release the City of Port
Arthur from any and all claims of any nature whatsoever arising out of said contract or
modification thereof, and will execute such further releases or assurances as the City of Port
Arthur may request.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this { L.~
day of January ,20 03.
James R. Shell
(Affiant)
SeTEX Construction Corp, (SEAL)
that he is the President of SeTEX Construction Corporation
(Title) (Name of Company)
second, that he has read the foregoing certificate by him subscribed as President
(Title)
SeTEX Construction Corporation
(Name of Company)
Affiant further states that the matters and thi~are true. _ j~~~,,~~
Subscribed and sworn to before me this I ~d~ January ,20 03.
My commission eXPires Lt'~.'~)[t (Date)
~' ~*=- MY COMMISSION EXPIRES [~
(Nota~j) ~
· , OSCAR'G. ORTIT~ MAYOR
THOMAS J. HENDERSON, MAYOR PRO-TEM
COUNCIL MEMBERS:
CRAIG HANNAH
FELIX A. BARKER
TOM GILLAM, III
REV. RONNIE LINDEN
BOB BOWERS
ROSE MITCHELL CHAlSSON
MICHAEL "SHANE' SINEGAL
C~ty of
Texas
3anuarY6,2003
CITY MANA'~ ....... o.
EVANGELINE "VAN" GREEN
CITY SECRETARY
MARK T. SOKOLOW
CITY ATFORNEY
3ames R. Shell
President
SeTEX Construction Corporation
P.O. Box 20678
Beaumont, Texas 77720-0678
Re: Port Arthur Health Clinic Construction Contract
Dear Mr. Shell:
Greg Wall with LaBiche Architectural and ! have met several Umes to review your time
extension and additional payment request on the above referenced job, as set out in
your October 28, 2002 letter to me. This letter was accompanied by your revised
schedule dated October 18, 2002.
The conclusions reached by Mr. Wall and me are:
General Condition 98 on Page F ~,; of the Contract Documents states delay
or other claims must be submitted within ten (10) days of the event(s) giving
rise to such claim. Otherwise, the claim is null and void.
You requested and were granted 14 days (2 weeks) of time extension due to
work having to stop completely inside the building while Superior Abatement
completed the asbestos abatement in the screening rooms area of the
building (see attached copies). We knew the impact of this delay would be
governed by the time it took Superior to finish so there was no problem with
the one-month delay in submission of these claims in April 2002. This is
Occurrence No. :L for which you requested 5 weeks of delay in your October
28, 2002 letter.
RECOMMENDA'I"~ON: 2 weeks Delay
3. No requests for time extensions due to delays in the electrical panel work
were ever received prior to completion of the construction work, even though
note of a potential delay was made in your Apdl 30, 2002 letter. This is
Occurrence No. 2 for which you requested 9 weeks of delay in your October
28, 2002 letter. Mr. Wall and ! paid particular attention to your wdtten
statements regarding .this matter and studied the schedule/progress chart
RO. BOX 1089 · PORT ARTHUR, TEXAS 77641-1089 · 409/983-8115 · FAX 409/383-8291
you submitted b3 determine what, if any, time extension might be
appropriate in this Occurrence. We noted overall that 4 weeks was taken up
by your company in the completion of the punch list for all items for all of b~e
work. This time was taken off of the 9 weeks by us. In reviewing all work
items and how they interacted, it is our opinion that one-half of the
remaining 5 weeks could have been attributable to delaying factors.
RECOMMENDATION: 2-'V2 weeks Delay
No requests for time extensions ~tue to delays in the air conditioning work
were ever received prior to completion of the construction work Occurrence
No. 3 as related in your letter of October 28, 2002 was deafly out of your
control and was caused by a defect in a piece of equipment that was not part
of your work. Mr. Wall and ! see no problem with your request.
RECOI~,~,ENDATZON'. :[.1/2 week Del~-y
Exhibit "B"
The City of Por~ Arthur is agreeable to a total delay time of 6 weeks, or ~.-1/2 months, 2
weeks of which has already been approved for time extension. At your rate of $5,200
per month for extra supervision, the total sum owed to you would be $7,800.00.
I trust that this proposed allowance made by Mr. Wall and me will be acceptable to you
and that you will revise your Conb3ctor's Certificate and Release to reflect this change.
This will allow us to post the closeout of the project on the agenda for at the earliest
available City Council meeUng, and for approval by the City Council.
Please feel free to call on me if you have any questions in this regard.
xc: City Manager City Attorney
Greg Wall, LaBiche Architectural
Yours truly,
Leslie E. McMahen, P.E.
Director of Public Works
SeTEX Construction Corp. hereby agrees to the above
proposed allowance of $7,800.00 to be paid to. SeTEX
~.~3~mes R~ Shell~ ~esident
Date:
REQUEST FOR EX'; ENSION OF TIME DUE TO WEATIq~ OR SUPPLIES s,~ib~"B'
CITY OF PORT ARTHUR. P.~. No. 12054
DATE: April 8 .2002
MONTHOF: March ,20 02
.City of Port Arthur
Public Works Depa~uent
P.O. Box 1089
Port Arthur: Texas 77640-1089
ATTENTION: Leslie E. McMahem P.E.
Director of Public Works
RE:
POrt Arthur Health Clinic
Port Arthur, Texas
Gentlemen:
We request extension of completion time on our Contract due to the days of work
lost as specified (circle dates actually lost: do not include days not normally worked such
as Saturdays, Sundays.. or holidays):
21 22 23 24 25 26 27 28 29 30 31
DatesLost: March It .4t 5, 6, 7..and
8
Days Lost (. 6 ) x I . 4 0 =
Calendar Days Requested
Reasons for Request: Delays relatincl tO '{;ht~ ahat-~m~nl- hl,
Superior Abatement
SeTEX Construction Corp.
Conuactor P. O. Box 20678
B~Bf~TX 77720-0678
/ J/~mfe~R~ Shell
/Approved for extension of ~ calendar days.
Disapproved. ~ C ~4~-- .
Date:
Distribution by Ci.ty
Original: Public Works Director
xc: Solid Waste Division
Engineer
Contractor
CITY OF PORT ARTHUR. TEXAS
REQUEST FOR F_~i ENSIGN OF TIME DUE TO WEATIX~ OR SUPPLIES
CITY OF PORT ARTHUR
Exhibit "B'
P.R. No. 12054
DATE:
April 8 .20 02
MONTH OF: February
,20, 02
.CID' of Port Arthur
Public Works Department
P.O. Box 1089
Port Arthur:Texas 77640-1089
A'UFENTION: Leslie E. McMahen. P.E.
Director of Public Works
RE:
POrt Arthur Health. Clinic
Port Arthur, Texas
Gentlemen:
We request extension of completion time on our Contract due to the days of work
lost as specified (circle dates actually lost: do not include d~'s not normally worked such
as Saturdays, Sundays, or holidays):
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
21 22 23 24 O 0OO 29 30 31
DatesLosu February 25, 26, 27, .and 28, 2002
lg 19 20
Days Lost ( 4 ) x I . 40 = 6 Calendar Days Requested
Reasons for Request: Delays relat~nq to ~h~ ~h~ent
Superior Abatement.
SeTEX Construction Corp.
Contractor P. O. Box 20678
Be~%mont, TX 77720-0678
' ~me~/R7 ~Shell' v - -
Approved for extension of, G,- calendar days.
Disapproved. '-"~-~'~~
Date: At~.~- lc, 20 o'z.-
Distribution by City
Original: Public Works Director
xc: Solid Waste Division
Engineer
Contractor
CITY OF PORT ARTHUR... TEXAS
"Ci"ry ~lan~ger
Exhibit 'C"
P.R. No. 12054
CONTRACTOR'S CERTIFICATE OF GUARANTEE
FROM: SeTEX Construction Corporation
(Name of Co~ ,[~ actor)
TO:
City of Port Arthur, Texas
(Local Public Agent)
REFERENCE CONTRACT NO. 00069 ENTERED INTO THE 27t~
DAY OF November 21, 2001
JEFFERSON COUNTY, TEXAS AND
OF Beaumont Texas
(CITY)
OF THE.
(STATE)
Port Arthur Health Clinic
(Name of Project)
, BE'rWEEN THE CITY OF PORT ARTHUR OF
SeTEX Construction Corporation
FOR THE Renovations
(Name of Operations)
CIP 170
(Project No.)
LOCATED IN THE CITY OF PORT ARTHUR, TEXAS.
KNOW ALL MEN BY THESE PRESENTS:
1). SeTEX Construction Corporation Does hereby guarantee all of the
work done under the above referenced contract to be free from faulty materials in every
particular, and free from improper workmanship, and against injury from proper and usual wear;
and agrees to replace or re-execute without cost to the Owner such work as may be found to be
improper or imperfect, and to make good all damage caused to other work or materials, due to
such required replacement or re-execution.
2. This guarantee shall cover a pedod of one (1) year from the date of acceptance of all work
under this Contract, as evidenced by the City of Port Arthur's Certificate of Substantial
Completion dated August 8, 2002.
This Certificate is given in connection of the final payment under the contract between the
City of Port Arthur and SeTEX Construction Corporation and
with the knowledge that it will be relived upon in making such payment and that such
payment would not be made except upon the truth of the matter contained in this affidavit
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this /L~
day of January ,2003 .
SeTEX~onstruction Corp.
(SEAL)
Exhibit 'C'
P.R. No. 12054
James R. Shell
(Affiant)
, being first duly sworn on oath, deposes and says, first,
that he is the President of SeTEX Construction Corp.
(Title) (Name of Company)
second, that he has read the foregoing certificate by him subscribed as President
(Title)
SeTEX Construction Corporation
(Name of Company)
Affiant further states that the matters and things state.x,
Subscribed and sworn to before me this [ day~ January ,20 03.
My commission expires ~"Z"~ (Date)
C~ . C'-
(Notary) ~J"
CHANGEORDER
Exhibit 'D'
P.R. No. 12054
PROJECT:
City of Port Arthur Health Clinic
CHANGEORDERNO:
CONTRACTOR: SeTEX CONSTRUCTION CORP. DATE:
P, O. Box 20678
Beaumont, Texas 77720-0678
6
01/09/03
The Contract is changed as follows:
ARCHITECT'S PROJECT NO.: 00069
CONTRACT DATE: 11/29/01
CONTRACT FOR: Renovation
DEDUCT: $7,800.00
TOTAL $7,800.00
Delays/extra supervision on project as detailed in SeTEX
construction Corporation's letter dated 9/10/02 and 11/28/02 and
signed Allowance Agreement dated 1/6/03.
**See attached breakdown
Not valid until signed by the Owner, Architect, and Contractor.
The odginal Contract Sum was .............................................................................................................................. $590,000.00
Net change by previously authorized Change Orders ............................................................................................. $39,180.00
The Contract Sum prior to this Change Order was ................................................................................................ $629,180.00
The Contract sum will be increased by this Change Order in the amount of ............................................................ $7,800.00
The new Contract Sum including this Change Order will be .................................................................................. $636,980.00
The Contract Time will be increased by zero (0) days.
The date of Substantial Completion as of the date of this Change Order therefore is
NOTE: The summary does not reflect changes in the Contract Sum or Contract Time which have been authorized by Construction
Change Directive.
The LaBiche Architec~tural Group, Inc.
7999 Gladys Avenue, Suite 101
Beaumont, TX,~77~6
Date: I /'~'.0~
SeTEX CONSTRUCTION CORP.
P.O. Box 20,,~8
City of Port Arthur
P.O. Box 1089
Port Arthur, Texas 77641
By:
Date:
CERTIFICATE OF ACCEPTANCE
EXHIBIT 'E
P.R. NO. 12054
FOR
THE CONTRACT FOR
PORT ARTHUR'S HEALTH
CLINIC FACILITY
FOR THE CITY OF PORT ARTHUR
HEALTH FACILITY
TO: ~lames Shell, President
SeTEX Construction Corporation
Dear Mr. Shell:
This is to certify that the City of Port Arthur, Texas accepts the contract for
Port Arthur's Health Clinic Renovations as being completed on the basis of
the Certificate of Substantial Completion received by The LaBiche
Architectural Group on August 8~ 2002.
Steve Fib[gibbons
City Manager
Date
q
z
0
>
>
.--t
"n
0
..<
m
_. ~'oo
o
.... ~ ggg ~
AFFTDAVI'T OF ALL BILLS PA~'D
i, ]ames P,* Shell, President of 5eTEX Construction CorporatiOn, do hereby certi~
and affirm that ail bills of laborers, subcontractors and material suppliers for
SeTEX Construction Corporation's contract with the City of Port; Arthur dated
11/29/01 for the proJec~ known as the Renovations of the Port Arthur Health
Clinic, C[P 170, have been paid except for the following
1. Claim from Sunbelt Controlsr ]nc. in the amount
$11,238.90 which represents unpaid retalnege
pursuant to ~ubcontract Agreement No. 21~2~2~t013
dated 12,/07/01.
It IS urKler~ood Lhat the C~ of Port Arthur may withholcl [he amount of the
claim from our Rnal payment until the claim Is settled pursuant to 5ecUon
2253,071, LOcal Government Code,
! further state that the matters end things ~a~ed herein are true.
rporatlon
5ul~:rib~l and ~wom to bcrorg me this. J ~ [lay of January, g003.
Hy Commission expires L~. %-C)1~